Obligations
Act No. 542/2020 Coll., on end-of-life products, imposes several obligations on every manufacturer of electrical and electronic equipment (EEE). Some of these obligations can be fulfilled by EEE manufacturers through a compliance scheme with which the manufacturer has a valid collective performance agreement, but most of the obligations imposed by law must be fulfilled by the manufacturer itself. Below you can download a brief overview of these obligations as specified by law. Information is also provided on whether an obligation can be fulfilled through a compliance scheme or whether it is the responsibility of the manufacturer alone.
To help you get oriented in the complex legislation and your obligations, we have
prepared a summary of key information for you. Below you will find the basic topics
with links that relate to EEE manufacturers:
Basic Information and Concepts
A manufacturer is a legal or natural person authorised to do business as an EEE manufacturer under Section 3(1)(m) of the act.
The designation “manufacturer” is in order and it is set out by Act No. 542/2020 Coll., on end-of-life products.
Section 3(1)(m) An EEE manufacturer is:
an entrepreneur established in the Czech Republic that, regardless of the method ofsale, including the use of means of remote communication, under a name, trademarkor other designation unmistakably associated with it (hereinafter “Own Brand”),manufactures and markets EEE or has EEE manufactured or designed and marketsit under its own brand;
an entrepreneur established in the Czech Republic who, regardless of the method of sale, including the use of means of remote communication, under its own brand, puts into circulation EEE manufactured by other suppliers, unless the person's own brand according to point 1 appears on them; the placing on the market of EEE by a manufacturer pursuant to this provision is deemed to be its placing on the market for the purposes of this act;
an entrepreneur established in the Czech Republic who, regardless of the method ofsale, including the use of means of remote communication, places EEE acquiredfrom another country on the market; or
an entrepreneur who places EEE on the market by delivering it by means of remotecommunication directly to end users in the Czech Republic from another countrywhere it is established.
(1) A manufacturer who fulfils the obligations set out in this act under a compliancescheme is obliged to:
report to the compliance scheme operator true and complete data on the quantities ofthe selected products it has placed on the market, in units of weight and pieces;
enable the compliance scheme operator to verify the recorded data pursuant toSection 53(2)(a), in particular by providing the necessary cooperation for thispurpose; and
cooperate with the compliance scheme operator in connection with the fulfilment of the compliance scheme operator's obligations in the field of eco-modulation.
Basic Information and Concepts
This act applies to selected products regardless of whether they are placed on the market separately, as part of or as accessories for other products, from their manufacture and placing on the market to the processing of waste arising from them.
Basic Information and Concepts
The term electrical and electronic equipment (EEE) means any EEE meeting the definition in Section 3(1)(c) of the act. For the purposes of the Agreement, EEE means all EEE included in one of the groups 1 to 6 under Annex 1 to the act.
Section 3(1)(c) Electrical and electronic equipment (EEE) is:
The following definitions are understood to apply for the purposes of this act:
selected product means EEE, battery or accumulator, tyre or vehicle;
end-of-life product means a selected product that has become waste;
EEE means electrical and electronic equipment that is functionally dependent on an
electric current or an electromagnetic field, or equipment for the production,
transmission and metering of an electric current or an electromagnetic field, which is
intended for use with voltage levels not exceeding 1,000 VAC or 1,500 VDC.
Basic Information and Concepts
WEEE is EEE which has become waste, including all its components, construction and consumable parts.
WEEE originating from households means WEEE originating from households or WEEE of a similar nature and quantity originating from legal and natural persons engaged in business; it is always WEEE originating from households if, before it became an end-of-life product, the EEE could be used both in households and by other end users.
Basic Information and Concepts
The recycling contribution is a financial amount that the manufacturer pays into a compliance scheme to ensure the disposal of WEEE for the duration of the Agreement;
The recycling contribution is intended to finance the take-back, processing, recovery and disposal of WEEE, as well as awareness-raising activities and informing end users within the meaning of Section 13 of the act.
Basic Information and Concepts
The compliance scheme is a take-back system created exclusively by EEE manufacturers that is organisationally and technically managed by ASEKOL a.s.
The compliance scheme operator will arrange for the manufacturer:
the take-back of WEEE through a network of take-back points throughout the Czech Republic;
transport of WEEE from take-back points to the place of processing;
processing of WEEE by a person authorised to do so by law and pursuant to the Waste Act, using the best available techniques;
the use or disposal of taken-back WEEE no later than the end of the calendar year following the year in which it was taken back;
the use of taken-back WEEE at least to the extent specified in Annex 3 to the act;
the recovery of fluorinated greenhouse gases and their recycling, reclamation or disposal under the conditions laid down in the directly applicable European Union regulation on fluorinated greenhouse gases, if these substances are contained in EEE;
the keeping of accurate records of the flow of taken-back WEEE;
informing consumers, awareness-raising and cooperation on informing distributors and last sellers;
the preparation of an annual report and its delivery to the Ministry pursuant to Section 51 of the act.
Basic Information and Concepts
The period is a calendar quarter (or other time period, if expressly agreed in the Agreement) for which the manufacturer is obliged to provide the operator with data on the quantity of selected products which it has placed on the market in the Czech Republic and which it has imported, exported or manufactured.
Exceptions from the Act
3) This act does not apply to:
EEE necessary for the protection of the Czech Republic’s security interests, including weapons, ammunition and munitions intended for the needs of the security or armed forces and other military material intended exclusively for security or military purposes;
EEE designed and installed as part of other equipment not covered by this act, provided that it can only perform its function as part of that equipment and that it does not comprise light sources or solar panels;
EEE designed to be sent into space;
large stationary industrial machinery;
large fixed installations, except for equipment not specifically designed and installed
as part of such installations;
non-road mobile machinery intended exclusively for professional use;
EEE specifically intended solely for research and development purposes that is not
normally available to consumers;
medical devices, if they are expected to be a source of infection before the end of
their useful life, and active implantable medical devices;
explosives;
batteries or accumulators used in equipment:
related to the protection of the Czech Republic’s security interests, including
weapons, ammunition and munitions intended for the needs of the security or armed
forces and other military material, with the exception of products not intended
exclusively for security or military purposes; or
designed to be sent into space; and
vehicles of the armed forces.
Explanation of terms in Section 2(3)(d), (e) and (f) in Section 3 in the following sections:
large stationary industrial machinery means a system of large dimensions composed of machines, equipment or components that function together for a specific purpose, are permanently installed and dismantled by specialist personnel at a specific location, and whose use and maintenance are restricted to specialist personnel on premises for industrial production or research and development;
large fixed installation means a system of large dimensions composed of several types of apparatus and, where appropriate, other equipment, which is assembled, installed and dismantled by specialist personnel, intended for permanent use as part of a building or structure in a predetermined place reserved for that purpose, and which may be replaced only by equipment specifically designed for the same purpose;
non-road mobile machinery means a machine with its own power source, the operation of which requires either mobility or continuous or semi-continuous movement between a series of fixed workstations and which is designed exclusively for professional use;
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Section 73 Separate Statement of Costs
When selling new EEE, manufacturers, distributors and last sellers of EEE are obliged to state the costs for the take-back, processing, use and disposal of WEEE per one kilogram of new EEE separately from the price for the EEE, in particular in the form of stand-alone information on the tax document in accordance with the Value Added Tax Act.
The separately stated costs pursuant to paragraph 1 may not exceed the costs known to the EEE manufacturer at the time the new EEE is placed on the market or a demonstrable estimate of the expected costs, if the costs are not incurred by the EEE manufacturer until after that time. Where the EEE manufacturer fulfils the obligations laid down by this act in a compliance scheme, the costs known to the EEE manufacturer at the time the new EEE is placed on the market shall be determined by the amount of the contribution paid to the compliance scheme operator pursuant to Section 46(1).
Paragraphs 1 and 2 do not affect the obligations of the last seller pursuant to pricing
regulations.
Section 27 Recording and Reporting Obligation
The manufacturer is obliged to keep records of:
the quantities of the selected products it has placed on the market, in units of weight and pieces;
the persons who provide take-back, transport, processing or other handling of taken- back end-of-life products for the manufacturer, in a similar scope of data to that set out in Section 26(a) to (c); for persons who provide processing for the manufacturer, the business ID number and address of the end-of-life product processing facility is also recorded; and
the flow of end-of-life products taken back from a take-back point through to their final
use, including preparation for reuse or disposal.
If the manufacturer fulfils its obligations for all the selected products it places on the market under a compliance scheme, it only keeps the records referred to in paragraph 1(a).
If a person referred to in paragraph 1(b) arranges for the take-back, transport, processing or other disposal of end-of-life products for a manufacturer and at the same time for another manufacturer or compliance scheme operator, that person is obliged to report data relating to the end-of-life product only once so as to avoid the duplication of data.
The Ministry issues a decree determining the scope and manner of record-keeping pursuant to paragraph 1.
Section 28 Annual Report
The manufacturer is obliged to draw up an annual report on the performance of the obligations defined for the take-back, processing, recovery and disposal of end-of-life products for the previous calendar year (hereinafter the “Annual Report on End-of- Life Products”) and then file such report with the Ministry by 31 March of the subsequent calendar year.
The manufacturer is not subject to the obligation under paragraph 1 if it fulfils its obligations for all selected products it places on the market in a compliance scheme.
The Ministry shall issue a decree specifying the content and scope of the Annual Report on End-of-Life Products.
Section 11 Authorised Representative
If the manufacturer is not established in the Czech Republic, it is entitled to appoint an authorised representative for the purpose of fulfilling the obligations set out in the act based on a written contract.
Only a person authorised to do business and established in the Czech Republic may be an authorised representative.
The compliance scheme operator cannot be designated as the authorised representative. This does not affect the fulfilment of the manufacturer’s obligations by the authorised representative in the compliance scheme.
The authorised representative shall fulfil all the obligations of the manufacturer as laid
down in the act.
Section 61 Authorised Representative
The EEE manufacturer referred to in Section 3(1)(m)(4) is obliged to appoint an authorised representative pursuant to Section 11 for the purpose of fulfilling the obligations laid down in the act.
A person established in another Member State who is not also established in the Czech Republic and who places EEE on the market through other suppliers may appoint an authorised representative pursuant to Section 11. Such person is obliged to inform its customers of the appointment, change and dismissal of an authorised representative.
A person established in the Czech Republic that supplies EEE by means of remote communication directly to end users in another Member State is obliged, in accordance with the legal regulations of such Member State, to appoint, based on a written authorisation, an authorised representative for the purpose of fulfilling the obligations relating to such EEE arising from the legal regulations of such Member State.
Section 10 Distributor’s Responsibility
If a selected product does not come from a manufacturer who is registered in the List of Manufacturers or instead of whom an authorised representative is registered in the List of Manufacturers, the manufacturer’s rights and obligations provided for in this act are vested in the distributor of the product.
Section 12 Ensuring the Take-back of End-of-life Products
The manufacturer is obliged to ensure, at its own expense, the take-back of end-of- life products and their subsequent processing and recovery or disposal under the conditions laid down by this act. If the take-back is carried out in cooperation with the operator of a take-back point, a written agreement must be concluded between that person and the manufacturer on the establishment of the take-back point.
Where this act requires the manufacturer or the last seller to arrange for the take- back of end-of-life products free of charge or without charge, the end-user is not charged any costs or other payments directly or indirectly related to the take-back. This is without prejudice to the possibility of financially motivating the end-user, in the form of a payment or other incentive, to return the end-of-life product to the take-back system or to return it in any other way allowed by this act.
The manufacturer must not make the take-back of an end-of-life product conditional upon the purchase of a new product.
Where an end-user who is a consumer hands over for take-back an end-of-life product which is clearly incomplete as a result of dismantling, or hands over only a part which has been dismantled from an end-of-life product, no consideration or other incentive shall be offered or given for that product or part thereof.
Section 9 Methods of Performance of Obligations by the Manufacturer
The manufacturer fulfils its obligations stipulated in the act for the take-back, processing, recovery and disposal of end-of-life products, informing the end user about take-back and other related obligations:
in an individual system; or
in a compliance scheme, based on a written agreement with the compliance scheme operator to ensure the fulfilment of obligations regarding the take-back, processing and recovery or disposal of end-of-life products (hereinafter the “Collective Performance Agreement”); the manufacturer's responsibility for fulfilling these obligations does not cease if the compliance scheme operator fails to ensure their fulfilment.
Section 44 Obligations of Compliance Scheme Operator
The compliance scheme operator is obliged to ensure the collective fulfilment of the obligations of manufacturers with which it has concluded a collective performance agreement, in accordance with the conditions set out in the act and in the decision to issue an authorisation to operate the compliance scheme.
The terms and conditions of collective performance agreements, including the amount of contributions, must be set by the compliance scheme operator uniformly for all manufacturers so that no manufacturers or groups of manufacturers of a certain type or brand of selected products are unjustifiably advantaged or disadvantaged in competition. Eco-modulation is not an unjustified advantage or disadvantage in competition.
The compliance scheme operator is obliged to conclude a collective performance agreement for all selected products placed on the market by the manufacturer within the scope of its authorisation to operate the compliance scheme, provided that the manufacturer expresses an interest in concluding such agreement and has no outstanding debts to the compliance scheme operator. If a manufacturer against which insolvency proceedings have been initiated expresses an interest in concluding a collective performance agreement, the compliance scheme operator is entitled to take this fact into account in the conditions of the collective performance agreement.
The compliance scheme operator is obliged to publish a template collective performance agreement, including rates for calculating any monetary performance under the agreement, on its website no later than on the day on which such template agreement is first used.
The compliance scheme operator is obliged to submit to the Ministry within 30 days of the date of a decision by the general meeting or the adoption of a decision per rollam:
a copy of the current list of members of the compliance scheme operator, stating their interest in the registered capital and voting rights as of the date of the decision, if the compliance scheme operator is a limited liability company;
an extract from the register of uncertificated securities or an extract from the register of immobilised securities, in the case of an issue of shares by the compliance scheme operator, as of the decisive date for the making of the decision by the general meeting, or a copy of the list of all shareholders who are owners of registered shares, as of the decisive date for the making of the decision, if the compliance scheme operator is a joint stock company;
minutes of the general meeting, at least to the extent that the general meeting concerned matters entered in the Commercial Register and decisions on the approval of the financial statements, the settlement of losses or the approval of the transfer, commercial lease or pledge of a business plant, or the text of a decision adopted per rollam.
The compliance scheme operator is also obliged:
to implement eco-modulation for selected products, where possible, taking into account their life cycle; and
to publish on its website information about its ownership structure, stating the members’ shares in the registered capital or the ratio of contributions to the registered capital as a percentage, the first names and surnames of the members of the compliance scheme operator’s bodies, the rates of monetary contributions associated with ensuring the collective fulfilment of manufacturers’ obligations under the act paid by producers for each selected product or unit of weight of selected products placed on the market, and information on the procedure for selecting persons providing services in the field of end-of-life product management; the compliance scheme operator is obliged to update the published data no later than 45 days after a change.
Section 62 Labelling EEE
The EEE manufacturer shall ensure that, when placed on the market, the EEE is marked with the specified graphic symbol for take-back purposes. If the EEE cannot be marked in this way due to its size or function, the packaging, the instructions for use and the warranty certificate for the EEE shall be marked with a graphic symbol.
The EEE manufacturer shall ensure that the marking of EEE clearly indicates that the EEE was placed on the market after 13 August 2005.
The Ministry shall set out in a decree:
the template of the graphic symbol for labelling EEE for take-back purposes pursuant to paragraph 1; and
the method of labelling EEE placed on the market after 13 August 2005, pursuant to paragraph 2.
Section 63 Information for End Users
Manufacturers of EEE intended for household use are required to inform end users, in writing, through the last sellers and at their own expense, of:
the requirement that WEEE should not be disposed of as unsorted municipal waste, but should be handed over at designated locations in accordance with this act;
the method used for take-back;
the role of the end users in the reuse of EEE and the recycling or any other use of WEEE;
potential harmful environmental and health effects of the hazardous substances found in EEE; and
the meaning of the graphic symbols that apply to take-back in compliance with section 62(1).
Annex 6 to Decree No. 16/2022 Coll - Templates of Graphic Symbols Used to Label EEE
Template 1
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
Template 2
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
Section 19 Register
The Register is a public administration information system that is used to maintain data on take-back points. The Ministry is the Register’s administrator.
The Register is publicly accessible in a manner enabling remote access to data on public take-back points.
The following data are entered in the Register:
name and business ID number of the person, if allocated, operating a take-back point;
address, basic territorial unit number according to the Municipalities Register and City Boroughs or Districts Register, and geographical coordinates of the take-back point;
information on end-of-life products that are taken back, at least the type and group of the selected product, the subgroup pursuant to Section 59(2) as far as concerns EEE, or the maximum size or quantity of end-of-life products taken back;
indicative data about the operating hours of the take-back point; and
name, address of registered office and business ID number, if allocated, of the manufacturer or compliance scheme operator that established the take-back point.
The manufacturer is obliged to enter the data stated in paragraph 3(a) to (d) in the Register by remote access and to update the data in the same way, no later than within 30 days of the moment the fact giving rise to the change to the data occurred. In the case of data pursuant to paragraph 3(a), the manufacturer inputs and updates only the business ID number of the person.
Where next?
Obligations
Pursuant to the Act on End-of-Life Products, a manufacturer is regarded pas being an entrepreneur who, regardless of the method of sale, places batteries or accumulators on the market for the first time as a part of its business, including batteries or accumulators built into vehicles, EEE or other products, or that accompany them. Every battery and accumulator manufacturer must submit an application for entry in the List of Manufacturers , no later than on the date of first placement on the market.
However, if you sell batteries or EEE containing batteries that you purchased from a distributor or manufacturer in the Czech Republic, the reporting obligation does not apply to you. However, you should collect end-of-life batteries free of charge from end users or inform them in writing about the method of take-back. In any case, require a document from your suppliers proving that they are fulfilling their obligations under the act. If this is not the case, all its obligations fall on you.
Regulation 2023/1542 on batteries and waste batteries introduces a new classification of such products into new groups and subgroups. Two new groups have been added – light means of transport batteries and electric vehicle batteries. Industrial batteries are divided into multiple subgroups.
Batteries, accumulators and power supply kits must be marked with a graphic symbol for separate collection, i.e. a crossed-out bin symbol, and must be visibly, legibly and indelibly marked with information about their capacity. Batteries and accumulators containing over-the-limit amounts of mercury, cadmium or lead must be marked with the chemical symbol for such metal (Hg, Cd or Pb).
It applies to batteries and accumulators containing more than 0.0005% mercury (Hg) by weight and 0.002% cadmium (Cd) by weight. The manufacturer and distributor are obliged to submit technical documentation to supervisory authorities upon request, proving that the batteries or accumulators do not contain more than 0.0005% mercury by weight, regardless of whether or not they are built into EEE or other products.
The manufacturer is obliged to ensure, at its own expense, the take-back of waste batteries from the end user, regardless of the brand, regardless of the date on which they were placed on the market, regardless of the purchase of a new battery and without any claim to remuneration for such take-back. The manufacturer is obliged to ensure the proper processing and material recovery of waste batteries that it takes back at its own expense.
The manufacturer must ensure that the end user is informed about the take-back method. The new act imposes on manufacturers the obligation to carry out awareness-raising activities aimed at changing consumer behaviour in order to increase the involvement of end users in take-back schemes and to achieve the highest possible take-back rate.
Every year, the manufacturer must prepare an annual report on the fulfilment of obligations set for the take-back, processing, recovery and disposal of waste batteries and send it to the Ministry of the Environment.
On 9 July 2021, in accordance with Section 84(3) of Act No. 542/2020 Coll., on end-of-life products, an “Agreement on Cooperation in Ensuring the Fulfilment of Obligations of Manufacturers of EEE with Built-in or Attached Batteries or Accumulators” was signed between the ASEKOL a.s. jand ECOBAT s.r.o. compliance schemes. Based on this agreement, manufacturers can report the quantity of batteries placed on the market in the Czech Republic in one information system together with EEE and this cooperation is extended to all groups of built-in, attached and stand-alone batteries.
Where next?
Obligations
Pursuant to Act No. 542/2020 Coll., on end-of-life products (Section 3(2f)), the last seller is a person that, regardless of the method of sale, including the use of remote means of communication, delivers the following to the end user in the territory of the Czech Republic during the course of its business:
The separate statement of the recycling contribution on a tax document when selling a product is defined by Act No. 542/2020 Coll. Section 73 Separate Statement of Costs
If you are a distributor, i.e. you do not place new EEE on the Czech market as you purchase it from its manufacturer or a person who has already marketed it.
Your obligation is to “take over” from it the amount of the recycling contribution stated on the tax document.
In end sales to consumers in shops or by remote access the amount of the contribution must always be stated separately in sales receipts. In the tax document for the customer, the last seller shall state the total price of the EEE including the recycling contribution, as well as the exact amount of the recycling contribution included in the price of the EEE.
Price tags in shops and on the internet shall always include the amount of the visible contribution in total price. The customer is only informed that the recycling contribution is included in the total price.
Ensuring take-back of EEE is defined in Act No. 542/2020 Coll. Section 66 Obligations of Last Sellers
This only applies to stores with an “EEE sales area of at least 400 sqm or more”. These sellers must allow end users to hand in used EEE from households, with no external dimensions exceeding 25 cm, free of charge during their operating hours, regardless of the brand and with no obligation to purchase goods.
Section 66(1) of the Act on End-of-Life Products introduces another major obligation, according to which the last seller shall allow the end user, upon purchasing EEE, to hand over for take-back any WEEE at the point of sale or delivery of new EEE in the same quantity as the purchased EEE of similar type and use (the “piece for piece” mode) free of charge. This obligation is already laid down in the existing legislation and also applies to online sellers of EEE who, upon delivery of EEE, are obliged to take back any EEE of a similar type and use completely free of charge, including WEEE collection.
Under the new legislation, this obligation also applies to last sellers of EEE for non-household use who previously were not obliged to do so. Previously, the collection of such EEE was carried out in a separate collection mode (in waste collection mode), which has been abandoned by the new act.
(unless points 1 and 2 apply) The last seller of EEE for household use for which no public take-back point has been set up also has the obligation to display visible and legible information at its point of sale stating where WEEE can be handed over free of charge within the municipality, city borough or district according to the point of sale. This obligation primarily arises from Section 18(3) of the new act, pursuant to which a last seller who in any manner, including using remote means of communication, sells such products shall inform the end user in writing of the method of ensuring the take-back of such products after the end of their service life. The information must also be prominently and legibly displayed at the point of sale. The last seller can fulfil this obligation by referring the end user to a public take-back point registered in the ASEKOL a.s. collection network.
Obligations There Is No Escaping From
f) the last seller is a person that, regardless of the method of sale, including the use of remote means of communication, delivers to an end user in the territory of the Czech Republic during the course of its business;
g) the end user is a person using a selected product before it becomes waste and before its handover to the person authorised to accept it pursuant to this act.
Last Sellers’ Rights and Obligations
Unless otherwise provided by the act, the last seller is entitled to take back only end-of-life products of a similar type and use as the selected products that it supplies to the end user, whether separately or as part of or accessories for other products. The last seller must always take back products without claiming any fee from the end user.
The last seller who takes back end-of-life products and is not also the operator of a take-back point:
has the rights and obligations of the operator of a take-back point stipulated in Section 17(2)(b) to (e) and in Section 17(3);
is obliged to hand over an end-of-life product to the take-back system without undue delay, unless otherwise specified; and
has the right to require that the manufacturer who placed the product on the market take back the end-of-life product.
The last seller who in any manner, including using remote means of communication, sells such products shall inform the end user in writing of the method of ensuring the take-back of such products after the end of their service life.
Last Sellers’ Obligations
The last seller of EEE shall enable the end user, upon purchasing EEE, to hand over for take-back any WEEE at the point of sale or delivery of new EEE in the same quantity as the purchased EEE of similar type and use.
The last seller of EEE intended for household use shall also ensure that the end user has the opportunity to hand over for take-back, free of charge, WEEE from households with no exterior dimensions exceeding 25 cm, regardless of the brand and without being obliged to purchase goods, at the point of sale of new EEE or in its immediate vicinity throughout its opening hours, if the size of the sales area intended for the sale of EEE is at least 400 sqm.
The last seller of EEE shall inform the end user in writing of the take-back options under paragraphs 1 and 2. If WEEE is taken back at the point of sale of new EEE or in its immediate vicinity, the last seller is obliged to mark these places visibly and legibly with information stating that WEEE can be handed over.
The last seller of EEE intended for household use for which the manufacturer has not set up a public take-back point and which is not obliged to ensure the take-back of WEEE under paragraphs 1 and 2 is obliged to mark its point of sale visibly and legibly with information stating that WEEE from households can be handed over for take-back in the territory of the municipality, city borough or district according to the point of sale. If there is no take-back point in the given area, the last seller must provide information about the location of the take-back point in the nearest municipality, city borough or district to the point of sale.
The last seller is obliged to hand over the WEEE to the take-back system or to a WEEE processor without undue delay.
Where next?
How to deal with
Login to the system
1. Electrical and Electronic Equipment
The term electrical and electronic equipment (EEE) means any EEE meeting the definition in Section 3(1)(c) of the act. For the purposes of the Agreement, EEE means all EEE included in one of the groups 1 to 6 under Annex 1 to the act.
2. Basic Concepts
A manufacturer is a legal or natural person authorised to do business as an EEE manufacturer under Section 3(1)(m) of the act.
The recycling contribution is a financial amount that the manufacturer pays into the compliance scheme to ensure the disposal of WEEE for the duration of the Agreement;
The recycling contribution is intended to finance the take-back, processing, recovery and disposal of WEEE, as well as awareness-raising activities and informing end users within the meaning of Section 13 of the act.
The term electrical and electronic equipment (EEE) means any EEE meeting the definition in Section 3(1)(c) of the act. For the purposes of the Agreement, EEE means all EEE included in one of the groups 1 to 6 under Annex 1 to the act.
WEEE is EEE which has become waste, including all its components, construction and consumable parts.
WEEE originating from households means WEEE originating from households or WEEE of a similar nature and quantity originating from legal and natural persons engaged in business; it is always WEEE originating from households if, before it became an end-of-life product, the EEE could be used both in households and by other end users;
The compliance scheme is a take-back system created exclusively by EEE manufacturers that is organisationally and technically managed by ASEKOL a.s.
The compliance scheme operator will arrange for the manufacturer:
the take-back of WEEE through a network of take-back points throughout the Czech Republic;
transport of WEEE from take-back points to the place of processing;
processing of WEEE by a person authorised to do so by law and pursuant to the Waste Act, using the best available techniques;
the use or disposal of taken-back WEEE no later than the end of the calendar year following the year in which it was taken back;
the use of taken-back WEEE at least to the extent specified in Annex 3 to the act;
the recovery of fluorinated greenhouse gases and their recycling, reclamation or disposal under the conditions laid down in the directly applicable European Union regulation on fluorinated greenhouse gases, if these substances are contained in EEE;
The keeping of accurate records of the flow of taken-back WEEE;
informing consumers, awareness-raising and cooperation in informing distributors and last sellers;
The preparation of an annual report and its delivery to the Ministry pursuant to Section 51 of the act.
The period is a calendar quarter (or other time period, if expressly agreed in the Agreement) for which the manufacturer is obliged to provide the operator with data on the quantity of selected products which it has placed on the market in the Czech Republic and which it has imported, exported or manufactured.
3. Reporting EEE
Reporting and Submitting Statements
The manufacturer is obliged to report to the compliance scheme operator true and complete data on the quantities of the selected products it has placed on the market, in units of weight and pieces. The Manufacturer is responsible for the accuracy, completeness and veracity of information provided.
Section 45 Manufacturers’ Obligations under a Compliance Scheme
A manufacturer who fulfils the obligations set out in this act under a compliance scheme is obliged to:
report to the compliance scheme operator true and complete data on the quantities of the selected products it has placed on the market, in units of weight and pieces;
enable the compliance scheme operator to verify the recorded data pursuant to Section 53(2)(a), in particular by providing the necessary cooperation for this purpose; and
cooperate with the compliance scheme operator in connection with the fulfilment of the compliance scheme operator's obligations in the field of eco-modulation.
4. Record-keeping
The manufacturer is obliged to keep records of the quantity of the selected products it has placed on the market in units of weight and pieces, even if it fulfils its obligations for all the selected products it places on the market in a compliance scheme (Section 27(1) and (2) AoELP).
If the manufacturer does not fulfil its obligations for all selected products it places on the market in the compliance scheme (i.e. fulfils them individually), it is obliged to keep records in their entirety according to Section 27 AoELP, including the submission of an annual report to the Ministry of Environment.
Section 45(1)(b) Enabling Verification
The manufacturer is obliged to enable the compliance scheme operator to verify the recorded data pursuant to Section 53(2)(a), in particular by providing the necessary cooperation for this purpose (Section 45(1)(b) AoELP).
Section 45(1)(c) Provision of Cooperation
The manufacturer is obliged to cooperate with the compliance scheme operator in connection with the fulfilment of the compliance scheme operator’s obligations in the field of eco-modulation.
Section 29 Archiving and Data Inspection
The manufacturer is obliged to
archive data from records and annual reports on end-of-life products for 7 years (Section 29 (a) AoELP);
submit documents proving the authenticity and completeness of the data in the records and in the annual report on end-of-life products at the request of the inspectorate. (Section 29 (b) AoELP)
5. Placement on the Market
Placement on the market means the first remunerated or unremunerated delivery of a selected product in the territory of the Czech Republic as a part of business by its manufacturer or by a person which has acquired it from another Member State. This also applies to equipment intended for rental, leasing, own use or donation.
Pursuant to Section 3(2)(b) of Act No. 542/2020 Coll., on end-of-life products.
(2) The following definitions are also understood to apply for the purposes of this act:
a Member State is a Member State of the European Union or any other Member State in the European Economic Area Agreement;
placing a product on the market means the first delivery of a selected product within the territory of the Czech Republic, whether in return for payment or free of charge, as part of the business of its manufacturer or by a person that has acquired the product from another Member State for distribution, consumption or use or for the export of the product for commercial purposes; a transfer pursuant to paragraph 1(o) is not considered to constitute placement on the market;
placing a product into circulation means every delivery of a selected product within the territory of the Czech Republic, whether in return for payment or free of charge, for distribution, consumption or use after it has been placed on the market;
import means the release of a selected product from a country outside the European Union into the free circulation customs regime within the territory of the Czech Republic;
a distributor means a person who, as a part of a supply chain, places a selected product on the market as a part of its business.
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6. Scope of the Act
(1) This act applies to selected products regardless of whether they are placed on the market separately or as part of or as accessories for other products, from their manufacture and placing on the market to the processing of waste arising from them.
Section 3 Basic Concepts
The following definitions are understood to apply for the purposes of this act:
selected product means EEE, a battery or accumulator, tyre or vehicle;
end-of-life product means a selected product that has become waste;
EEE means electrical and electronic equipment that is functionally dependent on an electric current or an electromagnetic field, or equipment for the production, transmission and metering of an electric current or an electromagnetic field, which is intended for use with voltage levels not exceeding 1,000 VAC or 1,500 VDC.
7. Exceptions from the Act
3) This act does not apply to:
EEE necessary for the protection of the Czech Republic’s security interests, including weapons, ammunition and munitions intended for the needs of the security or armed forces and other military material intended exclusively for security or military purposes;
EEE designed and installed as part of other equipment not covered by this act, provided that it can only perform its function as part of that equipment and that it does not comprise light sources or solar panels;
EEE designed to be sent into space;
large stationary industrial machinery;
large fixed installations, except for equipment not specifically designed and installed as part of such installations;
non-road mobile machinery intended exclusively for professional use;
EEE specifically intended solely for research and development purposes that is not normally available to consumers;
medical devices, if they are expected to be a source of infection before the end of their useful life, and active implantable medical devices; EEE specifically intended solely for research and development purposes, which is not normally available to consumers;
explosives;
batteries or accumulators used in equipment:
related to the protection of the Czech Republic’s security interests, including weapons, ammunition and munitions intended for the needs of the security or armed forces and other military material, with the exception of products not intended exclusively for security or military purposes; or
designed to be sent into space; and
vehicles of the armed forces.
Explanation of terms in Section 2(3)(d), (e) and (f) in Section 3 in the following points:
large stationary industrial machinery means a system of large dimensions composed of machines, equipment or components that function together for a specific purpose, are permanently installed and dismantled by specialist
personnel at a specific location, and whose use and maintenance are restricted to specialist personnel on premises for industrial production or research and development;
large fixed installation means a system of large dimensions composed of several types of apparatus and, where appropriate, other equipment, which is assembled, installed and dismantled by specialist personnel, intended for permanent use as part of a building or structure in a predetermined place reserved for that purpose, and which may be replaced only by equipment specifically designed for the same purpose;
non-road mobile machinery means a machine with its own power source, the operation of which requires either mobility or continuous or semi-continuous movement between a series of fixed workstations and which is designed exclusively for professional use;
8. Labelling EEE
The EEE manufacturer shall ensure that, when placed on the market, the EEE is marked with the specified graphic symbol for take-back purposes. If the EEE cannot be marked in this way due to its size or function, the packaging, the instructions for use and the warranty certificate for the EEE shall be marked with a graphic symbol.
The EEE manufacturer shall ensure that the marking of EEE clearly indicates that the EEE was placed on the market after 13 August 2005.
The Ministry shall set out in a decree:
the template of the graphic symbol for labelling EEE for take-back purposes pursuant to paragraph 1; and
the method of labelling EEE placed on the market after 13 August 2005, pursuant to paragraph 2.
Section 63 Information for End Users
Manufacturers of EEE intended for household use are required to inform end users, in writing, through the last sellers and at their own expense, of:
a) the requirement that WEEE should not be disposed of as unsorted municipal waste, but should be handed over at designated locations in accordance with this act;
b) the method used for take-back;
c) the role of end users in the reuse of EEE and the recycling or any other use of WEEE;
d) potential harmful environmental and health effects of the hazardous substances found in EEE; and
e) the meaning of the graphic symbols that apply to take-back in compliance with Section 62(1).
9. Templates of Graphic Symbols Used to Label EEE
Template 1 - Labelling of EEE Placed on the Market after 13 August 2005
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
Template 2 - Labelling of EEE for the Purposes of Take-back of EEE
The dimensions of the symbol are defined in EN 50419 (360800) Labelling of EEE in accordance with Article 11(2) of Directive 2002/96/EC (WEEE).
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